(2) That Congress should set forth in specific language that the 1920 act changed the policy of the mining law and from that date subjected a claim to forfeiture by the United States for failure to perform assessment work, although that result would not have occurred before the 1920 act.

(3) That some future date should be fixed upon which all claims whose assessment work has not been resumed shall be deemed abandoned, and providing that after some later date no further applications for patent on claims heretofore challenged by the Government will be granted. Such provisions would provide a test period within which all legitimate oil shale locations would come to a conclusion, either by patent or by abandonment. These questions are submitted without recommendation as the problem is one of clarification of existing legislation.

We will be glad to render any assistance desired.

The specific question as to the assessment work discussed above is, of course, only part of the general problem as to the oil shale lands and it may be that other phases of it not now covered by legislation, such as the questions of discovery and character of proof required on the issue of "bona fide" of a locator, will impress you as requiring legislative definition. Very truly yours,

RAY LYMAN WILBUR

CRIMINAL CODE OF THE UNITED STATES

SEC. 39. Whoever shall promise, offer, or give, or cause or procure to be promised, offered, or given, any money or other thing of value, or shall make or tender any contract, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, to any officer of the United States, or to any person acting for or on behalf of the United States in any official function, under or by authority of any department or office of the Government thereof, or to any officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or both Houses thereof, with intent to influence his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be fined not more than three times the amount of money or value of the thing so offered, promised, given, made, or tendered, or caused or procured to be so offered, promised, given, made, or tendered, and imprisoned not more than three years. Criminal Code of the United States.

SEC. 117. Whoever, being an officer of the United States, or a person acting for or on behalf of the United States, in any official capacity, under or by virtue of the authority of any department or office of the Government thereof; or whoever, being an officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or of both Houses thereof, shall ask, accept, or receive any money, or any contract, promise, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, with intent to have his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, influenced thereby, shall be fined not more than three times the amount of money or value of the thing so asked, accepted, or received, and imprisoned not more than three years; and shall, moreover, forfeit his office or place and thereafter be forever disqualified from holding any office of honor, trust, or profit under the Government of the United States.Criminal Code of the United States.

SEC. 128. Whoever shall wilfully and unlawfully conceal, remove, mutilate, obliterate, or destroy, or attempt to conceal, remove, mutilate, obliterate, or destroy, or, with intent to conceal, remove, mutilate, obliterate, destroy, or steal, shall take and carry away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined not more than $2,000, or imprisoned not more than three years, or both.

SEC. 129. Whoever, having the custody of any record, proceeding, map, book, document, paper, or other thing specified in the preceding section, shall wilfully and unlawfully conceal, remove, mutilate, obliterate, falsify, or destroy any such record, proceeding, map, book, document, paper, or thing, shall be fined not more than $2,000, or imprisoned not more than three years, or both; and shall moreover forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States.

GENERAL LAND OFFICE REGULATIONS

An order issued February 2, 1898, by Commissioner Binger Hermann read as follows:

"No clerk or other employee of the General Land Office shall, except in the performance of his official duties, make, sell, or furnish any abstract, copy, tracing or other reproduction of any of the books, papers, maps, plats, diagrams, or drawings which constitute the records of said office."

Paragraph 18 of an order issued August 20, 1908, by Commissioner Dennett, describing the inauguration of the serial system of filing, reads as follows:

"No person, except the file clerks, must either withdraw from or place or replace in the files any letter, papers, or record whatever. Whenever papers are withdrawn from the files, proper charge cards must be submitted therefor. When papers are returned to the files the charge card will be withdrawn. The files must at all times show both the existence and location of every letter, paper, or record received in the office. The requirements of this paragraph are mandatorily prescribed, and they will be strictly enforced; violations of it will not be tolerated or lightly excused under any circumstances."

These orders have reference to the filing system in the Washington office. Paragraphs 31, 32, and 33 of the Manual of Instructions to Special Agents of the General Land Office (1905) read as follows:

"31. The papers relating to each case not at the time under field investigation must be kept by the special agent in his desk at headquarters in an evelope or jacket properly number to correspond with the case. The envelopes or jackets must be arranged and kept in numerical order, and on the outside of each must be noted the number and character of the papers therein.

“32. All records, papers, and memoranda, of every description, whether made by the special agent or received by him from others, relating to the public land, are official documents, and must be delivered by him, when he leaves the district in which he has been operating to enter upon duty elsewhere, to such person as may be designated by his chief of field division or the Commissioner of the General Land Office to receive them. The designated depositary will be duly advised of what papers he is to receipt for, and he will issue duplicate itemized receipts, one of which he will deliver to the special agent and the other he will forward to the proper chief of field division. "33. When about to leave the service the special agent will turn over all papers, documents, books, circulars, supplies, and all other Goverment property, of every character and description, in his possession, to such person as may be designated to receive the same. Duplicate receipts therefor will be issued as above indicated. Failure of any special agent to comply with this requirement will result in the suspension of his final account until he has made such compliance. As to the penalty prescribed by law for the intentional stealing, destruction, taking and carrying away of public records and documents, see sections 5403 and 5408, Revised Statutes."

CHRONOLOGICAL SUMMARY OF EVENTS DURING NEW YORK WORLD'S TRANSACTIONS WITH KELLEY

("World" officers referred to are: F. D. White, general manager: Walter Lippmann, editor; Ralph E. Renaud, managing editor; Herbert Pulitzer, president, Press Publishing Co.; F. B. Knapp, manager, and Messrs. Moyer and Williams, New York World Syndicate; Foster Gilroy, promotion manager; Elliott Thurston and H. E. C. Bryant, of the "World" Washington office.) July 7, 1930. Kelley ordered to Washington by Secretary Wilbur.

July 23, 1930. Kelley left Denver for Washington. (He did not report for duty until August 5.)

July 25, 1930. Commissioner Moore wrote Kelley at Washington: "Under the Secretary's letter to you of July 7, 1930, you were assigned to this office for work on oil-shale claims. It is desired both by this office and the department to expedite final action on cases involving oil shale. You are, therefore, directed to take charge of such work in this office under the supervision of myself and my staff and take such steps as will bring about the desired results."

July 25, 1930, 4.40 p. m., Kelley arrived in Washington. Did not report. July 28 to August 4, 1930, inclusive. Kelley off duty; applied for sick leave for this period on August 11, accompanied by certificate of Dr. George R. Huffman that "I treated him on July 28, 29, Aug. 8 at my office and during 8 days he was actually physically disabled for the performance of his official duties." Kelley did not work until August 5.

July 29, 1930. Lippmann says: Ralph S. Kelley, in Washington, telephoned Lippmann, in New York, stating that he had an urgent confidential matter connected with the news department, "Mr. Kelley finally consented to talk with a member of the Washington bureau, I thereupon request the News department to instruct the bureau to see Mr. Kelley and report on what he had to say."

NOTE. Kelley was on sick leave this day.

July 29, 1930. H. E. C. Bryant, of World bureau, in Washington, wrote Lippmann (extract): "I saw the man Kelley to-day, but got very little out of him. He said that you had given him a fright by saying that if he would tell the World man his story, then we could check up on it, and get the information in a way not to involve him. This is not what he wants. I told him that if he wanted to sell his information that he should see you or someone else in the New York office who would have the authority to deal with him. That seemed to interest him. He asked me to communicate with you. My suggestion is that you invite him over, and go over the matter with him. He is very nervous, lest he lose his job.

(NOTE-Kelley was on sick leave this day.)

July 29, 1930. Moore wired Hathaway, Denver, asking where Kelley was. About July 30, 1930. Renaud says: About a week before" August 7, Lippmann had told Renaud that Kelley "had held a position somewhat similar to that held by Glavis" under Ballinger.

July 30, 1930. Lippmann wrote Bryant offering to pay Kelley's fare to New York, asking him to bring samples with him.

July 30, 1930. Kelley first reported at General Land Office. Left at 12.30. August 1, 1930. Kelley wrote Lippmann, asking a conference for Monday next, asking "several hours."

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(Kelley was on sick leave August 1 and on Monday next", August 4.) Undated. Telegram, Lippmann to Kelley, stating Monday is impossible. August 1, 1930. Moore and Havell called at Kelley's hotel; out.

August 2, 1930. Kelley phoned office. Was told that shale work needed attention. Said he would come for mail but could not work. (Moore's diary.) August 4, 1930. Lippmann to New York World in Washington to tell Kelley that we would like to see him at my office, Thursday, 2.30."

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August 4, 1930. No report from Kelley (Moore's diary).

August 5, 1930. Kelley at work (Moore's diary.)

August 6, 1930. Commissioner Moore's diary contains a notation, "Kelley is working."

August 6, 1930. Telegram, Kelley to Lippmann, "As you suggest I will meet you tomorrow at 2.30 p. m."

August 7, 1930. Commissioner Moore's diary contains the notation, "3 p. m. Obenchain reports that Mr. Kelley absent today. No cause. Perhaps sick." (NOTE. Kelley filed no leave slip and accepted Government pay for this day. On this day he was in New York (Renaud's statement) and received $25 expense money.)

August 7, 1930. Lippmann says: Kelley, Renaud, and Lippmann held a conference in Lippmann's office at 2.30, hearing an hour's outline of his story. Lippmann "left the matter entirely in the hands of the managing editor, who is in charge of the news" and had no further communications with Kelley except casual meetings in Renaud's office.

August 7, 1930. Renaud says: Kelley came to Renaud's office and "showed me a number of documents which he declared were copies of papers filed in the Interior Department, and all matters which had passed through his own

office in Colorado. I told him at that time the World would consider his material, and that I would give him an answer as to the series he proposed to write as soon as possible." "My first step was to read the documents he had left with me." Renaud wired T. H. Walker, of the Denver Post, as to Kelley and received a "highly satisfactory" answer. "At the next council meeting (undated) I reported on Mr. Kelley's story and offered for perusal the documents he left with me."

August 7, 1930. Kelley signed a receipt in New York for $25 for "advance payment to be accounted for on editorial pay roll for week ending August 9, 1930." Kelley applied for no Government leave for this day, and drew Government pay for it.

August 8, 1930. Commissioner Moore's diary contains the notation, "Kelley reported in office; working."

August 8, 1930 (Friday). Kelley took one hour's annual leave, 3.30 to 4.30. August 9, 1930. Kelley returned to duty, 9 a. m.

August 11, 1930. Lippmann says: "I was present at the council meeting on August 11, at which Mr. Renaud presented his report on Kelley's material and I voted with the other members of the councoil in favor of printing the material if it could be purchased at a price satisfactory to Mr. Pulitzer. I then left on a month's vacation." A policy was agreed to for the editorial writers that the paper would not support Kelley's contentions but would take a position that his record entitled him to a hearing and the World would ask only that his charges be impartially examined by a Senate committee. and that the World would consistently decline to anticipate the verdict of such a commitee."

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August 11, 1930. Renaud says:

It was voted to accept Mr. Kelley's series provided that a satisfactory price could be arranged and if he resigned voluntarily from the Department of the Interior coincident with making public his charges concerning the administration of the oil-shale lands."

August 11, 1930. Renaud wrote to Kelley that Pulitzer was examining the material and would take several days for it. "When he has finished you will probably see me in Washington." Kelley was on duty.

August 11, 1930. Kelley filed with the commissioner his only report on work while in Washington; it is on status of pending cases. (See Richardson, Exhibit 9.)

August 16, 1930. Kelley wired Renaud, urging prompt action "upon the matters the subject of my trip to New York."

August 16, 1930. Telegram, Renaud to Kelley: "Will see you Tuesday or Wednesday. Decision favorable. Regards."

August 16, 1930. Renaud wrote Kelley: "The reaction on your material here is very good. I expect to get in touch with you some time next week, Tuesday or Wednesday, probably."

August 19, 1930. Renaud telegraphed Kelley: "Will be in Washington at Mayflower Wednesday afternoon and Wednesday evening. Will be glad to see you. Regards."

August 20, 1930. Renaud says: He saw Elliott Thurston, head of the Washington bureau, in Washington, “discussed Kelley's story at length, and thereafter asked Mr. Kelley to my room, where Mr. Thurston and I went over the matter with him in great detail. Both Mr. Thurston and myself were quite convinced of the value of the material. I offered Mr. Kelley $12,000 for his story, specifying, however, that he should work with Mr. Thurston in the preparation of it. At the time of this interview I saw no one and talked to no one regarding Mr. Kelley's story except Mr. Kelley and Mr. Thurston. At no time have I ever discussed the matter with anyone in political life in Washington or anywhere else." Thereafter, Mr. Kelley made several trips to New York, the dates of which I do not recall, on which we discussed the scope and limits of his story and his approach to it."

* # * 66

(NOTE. Kelley made no leave application for August 20 and drew Government pay for this day.)

Undated. Renaud telephoned Kelley and says he "wrote him directing him to have Mr. Thurston rewrite the series, though Mr. Kelley was to be (and was) the final arbiter of all factual matter."

September 1 and 2, 1930. Kelley filed annual leave application for these days; was on pay, however.

September 4, 1930. Kelley's last day at work.

Undated. White says: "Some weeks after this date (August 11) Mr. Renaud reported that he had made a compensation agreement with Mr. Kelley, and later called me to his office where Mr. Kelley was present for the purpose of putting the verbal agreement in written form. When this was done, it was forwarded to Mr. Kelley at his Washington address. He suggested some unimportant addition which was made and the amended contract was signed." September 5 to 15, 1930, inclusive. Kelley applied for sick leave for this period on September 28 (received September 30) accompanied by Dr. George D. Huffman's certificate that "I personally attended Ralph S. Kelley in my professional capacity from September 8 to 26, 1930; that during said period I treated him on September 8, 12, 15, 19, 23, 26, and during 21 days he was actually disabled for the performance of his official duties."

September 8, 1930. Kelley to F. G. White, general manager of the World. (Kelley was absent without leave; later, September 26, appiled for sick leave, September 5 to 15.) "Receipt is acknowledged of two copies of proposed contract. May I offer the following suggestions," stating that he did not wish to be obligated to prepare more than 20,000 words. "I am sure you would not want me to manufacture material in order to make up a certain number of words." * * * "I am inclosing a paragraph containing suggested changes for paragraph 3 to follow the word 'thereafter' on the seventh line." I would also suggest the elimination of the phrase about taking leave of absence as there are special reasons why it is inadvisable to place this in the contract."

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(NOTE. This draft, and White's letter of transmittal, not furnished.) September 9, 1930. Obenchain phoned Kelley, who told him he was under doctor's orders and unable to work.

*

September 10, 1930. White to Kelley: "I send herewith revised copies of the contract." * * "Mr. Renaud consents to make the balance 12,000 words, or even 10,000, if that is all you need to fully present the facts. I have made the changes accordingly in the contract and initialed them on the margin

*

September 11, 1930. Contract signed. (Kelley was absent without leave; he later applied for sick leave for September 5 to 15, but was on pay until September 1.) This contract, in six articles, provides:

PREAMBLE

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*

*

"Whereas Ralph S. Kelley, now Chief of Field Division, Department of the Interior" * ** ** 66 * feeling it to be his duty to advise the public" "proposes to resign from the service September 21, 1930" "Whereas the Press Publishing Co. * proposes to cooperate with the party of the first part so that the public may be fully informed, (I) This agreement shall be effective on the date of resignation of the party of the first part from the Department of the Interior, now contemplated as of September 21, 1930, but only if the matter submitted by the first party on or before September 16 as provided hereafter is accepted by the second party. If that is not accepted, this contract shall be null and void whether the first party resigns or does not resign his position."

(II) "The party of the first part agrees to furnish to the party of the second part a complete statement of his " contentions and investigations " *

as verbally outlined to it and to supply to it on request any letters, documents, plats, or copies thereof, which he may legally supply and not subversive of the public interest, for the information of the party of the second part and through it the information of the public *

*

"The party of the first part agrees to hold himself and his proofs referred to at the service of the party of the second part, or any court or congressional investigation in any proceedings growing out of such publication."

(III) The World "guarantees" to Kelley the sum of $12,000," one-half to be paid on publication of the first 10,000 words of the series and the balance on the publication of the last article or not later than 15 days after the first payment. At least 10.000 words to be submitted to the World "by September 16, 1930, and prior to the resignation of the party of the first part; also a brief summary of the balance of the series, and if found satisfactory to the party of the second part accepted by it within four days thereafter. And upon such acceptance and the receipts of the balance of the series, which shall consist of at least an additional 12,000. * 46 * * * at least 10,000

words on or before September 23, 1930, and the balance on or before September